Negligence is often described as a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. In order to prove negligence in a personal injury claim, the plaintiff must establish that the defendant had a duty of care; that the defendant breached the duty of care; and that the duty of care caused the plaintiff's damages.

In an Ontario personal injury case, the plaintiff has the burden of proving negligence. The approach to proving negligence may differ depending on the nature of the case (ie. car accident, trucking accident, pedestrian accident, slip and fall, or product defect). Although every case is different, there are several types of evidence that would generally help to prove negligence. These may include the following:

Issues regarding negligence can be complex and are often heavily contested by the defendant. As such, it is important to act quickly to secure the important evidence. Critical witnesses may move on and become difficult to locate, and their memories fade with time. Consulting with an Ontario Personal Injury lawyer immediately will give you the best chance of securing and preserving the evidence that you will need to prove your personal injury case. You can be sure that the insurance company for the defendant will immediately mobilize to investigate the claim and obtain information to help them defeat your claim.